Unit B
Customized by
Professor Ludlum
Nov. 30, 2016
Copyright © 2009 South-Western Legal Studies in Business,
a part of South-Western Cengage Learning.
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__________________________________ is the
power of a court to hear a dispute and
to “speak the law” into a controversy
and render a verdict that is legally
binding on the parties to the dispute.
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

Persons: power of a court to compel
the presence of the parties
(including corporations) to a dispute
to appear before the court and
litigate.
___________________________: power to
decide issues relating to property,
whether the property is real,
personal, tangible, or intangible.
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•
•
_________________________:
for non-resident parties
based on “minimum
contacts” with state.
Means defendant had some
connection with forum
state.
Corporate Contacts: does
business have sales or
advertise within state.
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

“Federal Question” cases in which the
rights or obligations of a party are
created or defined by some federal law.
“Diversity” cases where:
◦ The parties are not from the same state, and
◦ The amount in controversy is greater than
$________________
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 Venue is concerned with the most
appropriate _____________________ for the
trial.
 Generally, proper venue is whether the
injury occurred.
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

In order to bring a lawsuit, a party must
have “standing” to sue.
Standing is sufficient “stake” in the
controversy; party must have suffered a
legal injury.
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Oklahoma
Supreme
Court
Federal Courts
U.S. Supreme
Court
Circuit
Courts of
Appeals
District
Court
Federal
District
Court
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
“Courts of record”

Court reporters?
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Show & Tell
Court Transcripts
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For being here today, material NOT in the
normal handout, but ON THE TEST!
Discovery:
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For being here today, material NOT in the
normal handout, but ON THE TEST!
Discovery:
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How many interrogatories in Oklahoma?
How long can a deposition be?
When and where?
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Vocabulary:
Parties to lawsuit:
Person who files suit:
Person being sued:
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For being here today, material NOT in the
normal handout, but ON THE TEST!
Start Litigation with a PETITION
So what’s on a petition?
SUE ME!!!!
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For being here today, material NOT in the
normal handout, but ON THE TEST!
After you file the petition you must
GET SERVICE
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Order of a Case
File Petition
Get Service
Discovery
Pre-Trial Motions
Voir Dire (if needed)
Trial
Appeal (if needed)
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Why do people dismiss lawsuits which they
filed?
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Equity cases
(Bankruptcy, Divorce, Injunctions)
Are __________________ trials only
Law cases ($$$)
Can have a __________ if requested
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Why do some parties want a federal
court?
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Questions of ___________________ –
Jury or Judge (Bench Trial)
Questions of _________ – Judge only
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




TRIAL COURTS:
Juries are selected.
Evidence, such as witness testimony,
physical objects, documents, and pictures,
is introduced.
Witnesses are examined and crossexamined.
Verdicts and Judgments are rendered.
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



APPELLATE COURTS:
Question Attorneys on both sides
Review proceedings conducted in the trial
court to determine whether the trial was
according to the procedural and substantive
rules of law.
Generally, appellate courts will consider
questions of law, but not questions of fact.
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

Also known as courts of last resort.
The two ways to have your case heard in a
supreme court are:
◦ Appeals of Right.
◦ By Writ of Certiorari.
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
negotiation,


mediation,

arbitration.
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